Nepal: UNMIN Election Report No 2, 30 Mar 2008

This report has been prepared by the
United Nations Mission in Nepal (UNMIN), in conjunction with the Office
of the High Commissioner for Human Rights (OHCHR) in Nepal. The United
Nations was requested to assist in creating a free and fair atmosphere
for the election of a Constituent Assembly, including through UNMIN's monitoring
of the ceasefire and the management of arms and armies and OHCHR's human
rights monitoring.

Conditions for Constituent Assembly
election on 10 April 2008

Across much of the country, campaigning
has continued in an enthusiastic and relatively peaceful manner, but a
significant number of districts have experienced a surge in incidents involving
clashes between different political party supporters. The main threats
to peaceful campaigning were continuing acts of violence by armed groups
in the Terai, and obstruction, intimidation and violence carried out by
supporters of political parties against candidates and supporters of competing
parties, as well as intimidation of voters. The gravest incidents during
the past week were the killings of two cadres of the Communist Party of
Nepal-Maoist (CPN-M) in Kapilvastu and Solukhumbu, which bring the total
number of violent deaths of Maoists since 5 February to at least seven;
and the bomb attack at a mosque in Biratnagar which left two dead on 29
March . While the full details of these incidents remain unclear, the killings,
violence and intimidation are stark reminders of the responsibility of
the authorities and the political parties to create and maintain a conducive
environment for the election. Also of deep concern are widespread reports,
confirmed by UNMIN and OHCHR monitoring and investigation, of continued
Maoist intimidation of rival parties and voters, with clashes between the
CPN-M and the Unified Marxist-Leninist (UML), Nepali Congress and Rastrya
Prajatantra parties becoming frequent. The 24 March recommitment by the
national leaders of the Seven-Party Alliance (SPA) to engage in peaceful
campaigning and not to interfere in each other's electoral activities,
while welcome, has not so far succeeded in having the desired impact. District-level
agreements, while having a positive influence in some districts, are also
often not being adhered to. There has been little or no reported progress
on implementation of commitments in the SPA's 23-point agreement regarded
by different parties as of importance in the pre-election context, including
compensation to victims of the conflict, return of property and investigation
of disappearances. UNMIN has intensified its monitoring of arms and armies
during this crucial period, but there have been cases of Maoist combatants
leaving their cantonments to engage in political campaigning, and in some
instances in uniform and with perimeter security weapons to provide security
for senior party leaders.

1. Violence by groups opposed to the
election

The Government's invitation to four armed
groups - the Madhesi Mukti Tigers, United Janatantrik Terai Mukti Morcha
(U-JTMM), Terai Cobra and Janatantrik Terai Mukti Morcha-Rajan Mukti -
to participate in dialogue, and their initial acceptance (despite certain
preconditions) was encouraging. However, violence and threats from groups
declaring their opposition to the election have continued, contributing
to insecurity and fear, especially in parts of the eastern, central and
mid-western Terai. Improvised explosive devices (IEDs) detonated or were
deactivated by police in several Terai districts including Sunsari, Morang
and Kapilvastu. Some of them exploded near party offices or houses of candidates
(including the Nepali Congress office in Kapilvastu and the house of a
Rastrya Prajatantra Party candidate in Saptari) or during campaign activities
(such as occurred with the Nepali Congress in Saptari). These incidents
contribute to a climate of apprehension that is particularly acute in villages
along the border with India. In other cases candidates were directly targeted
by armed groups. For example, a UML candidate was attacked in Saptari and
a CPN-M candidate was abducted in Siraha, in both cases while they were
engaged in campaign activities. Other party candidates have reported receiving
death threats by telephone, including threats by the U-JTMM against candidates
from the Nepali Congress, UML, CPN-M and Madhesi People's Rights Forum
(MPRF) in Kapilvastu. A voter educator was abducted by an armed group in
Saptari on 22 March. There continue to be warnings of plans to derail the
election and undermine the peace process through violent acts such as the
assassination of political leaders, which would outrage the nation and
the international community. The bomb attack at a mosque at Sarauchiya
in Biratnagar on 29 March left two dead and others seriously injured. This
deliberate targeting of a place of religious worship will outrage Nepalis
of all communities, and the authorities should make all efforts to ensure
that the direct perpetrators and any others responsible for this crime
are promptly identified and brought to justice.

2. Violations of human rights and
the electoral code of conduct

The gravest incidents reported in the
last week were the fatal shootings of Maoist cadres in Kapilvastu on 22
March and in Solukhumbu on 26 March. The U-JTMM has reportedly claimed
responsibility for the killing in Kapilvastu of CPN-M area committee member
Shiv Kurmi. However, the Maoists have claimed that Nepali Congress played
a role in the murder, and maintained the victim had been threatened by
the Nepali Congress on a number of occasions. Reprisals were taken by Maoists
against Nepali Congress property in the days following the killing. OHCHR
has been informed that the police do not intend to pursue those already
identified as alleged perpetrators until after the election as a result
of political pressure not to do so. However, prompt and effective action
in bringing the perpetrator or perpetrators of the killing to justice is
all the more important given the recent history of communal tensions and
violence in the Kapilvastu area. Similarly, it is imperative that the Nepal
Police are known to be conducting a prompt and impartial investigation
following the killings of two CPN-M cadres in Rolpa on 18 March. The clash
in Solukhumbu on 26 March, in which a Nepali Congress candidate and supporters
were also injured, also remains under investigation, with the CPN-M and
the Nepali Congress presenting starkly different versions of the events.
Both parties accuse the other of instigating the incident, disrupting their
pre-planned campaign venue, using firearms, and inflicting significant
casualties. Of particular concern is the allegation that members of the
Armed Police Force (APF) or Nepal Police used lethal force where it was
not strictly necessary or took a partisan position in the clash.

UNMIN and OHCHR have received numerous
reports of incidents related to the electoral campaign, many of which resulted
in injuries. The largest number of allegations received in the past week
related to the disruption of UML campaign activities by Maoist cadres,
including their Young Communist League (YCL). Assaults of UML candidates
and supporters by Maoists were reported in several districts, including
Baitadi, Dhading, Rupandehi, Siraha, Chitwan, Jhapa and Rasuwa. In some
of these cases, UML members or supporters were not only attacked and beaten
but also allegedly detained for a number of hours. It is of further concern
that in some of these districts violent incidents demonstrated an increased
pattern of premeditation. CPN-M cadres have also been accused of disrupting
campaign activities of other parties, including activities carried out
by Rastrya Prajatantra Party (RPP) and RPP-Nepal in Dhankuta and Rolpa,
and by the Nepali Congress in Khotang, Rolpa, Lamjung and Makwanpur.

Reports of violent incidents involving
other political parties include alleged assaults by MPRF members on Nepali
Congress supporters in Sunsari, clashes between MPRF (Biswas faction) and
the Sadhbhavana Party (SP) in Sunsari and between Nepali Congress and Terai
Madhes Democratic Party supporters in Sarlahi, and an alleged assault on
Maoists by Nepali Congress supporters in Tanahun.

Lower-level yet damaging threats and
intimidation are widely reported. UNMIN and OHCHR have received numerous
reports that during door-to-door campaigning voters are being told by political
parties - particularly the CPN-M - that their vote will not actually be
secret and that voters will face reprisals if they do not vote as instructed.
Reports of this behavior were particularly prevalent in Gulmi, Kalikot
and Agharkhanchi.

The recruitment of temporary police has
concluded in most districts and newly-recruited police are now scheduled
to undertake a single week of training. Temporary police were primarily
recruited from local youth and students, mainly in their early twenties.
There are reports that in several districts the major political parties
played a significant role in the recruitment process, calling into question
the principle that temporary police should not have party affiliations.
For instance, organisations representing disadvantaged Tharu agricultural
workers in the Far-Western Region have complained that many candidates
from their communities were rejected in favour of less qualified candidates
recommended by mainstream political parties. The government quotas recently
established for increasing the access of marginalised groups to the police
were not applied in the recruitment of temporary police.

In discussion with several political
parties, UNMIN and OHCHR have heard of plans to recruit volunteers, particularly
from their youth wings, to be present outside polling stations on Election
Day. OHCHR also received reports from several districts, including Kalikot
and Kailali, that the YCL is providing training to their volunteers. YCL
members have stated that they need such volunteers to ensure the fairness
of the process, claiming that the Nepali Congress is making use of State
machinery and that the UML has the support of most civil society organizations
involved in election monitoring activities. However a large presence of
youth in and around polling stations on Election Day could escalate tensions
and lead to increased intimidation and violence, and even the anticipation
that large groups of youths are likely to be present could generate sufficient
apprehension to deter potential voters.

UNMIN has also received continuing reports
of misuse of State resources and unequal access to Government resources
and police security. Smaller parties report that they are less able to
rely on the services of the State to support them in campaigning, while
without police protection some candidates feel uncomfortable campaigning
in the more disturbed constituencies.

Some parties have expressed concerns
about the use by CPN-M Chairman Prachanda of helicopter transport for campaign
activities in violation of the Code of Conduct. Others have claimed that
the use of Government helicopters for medical evacuation purposes has not
been made equally available to all parties.